CS/HB 1203

A bill to be entitled
2An act relating to the Interstate Compact on Educational
3Opportunity for Military Children; creating s. 1000.36,
4F.S.; directing the Governor to execute the Interstate
5Compact on Educational Opportunity for Military Children
6on behalf of this state with any other state or states
7legally adopting the compact; providing definitions;
8providing applicability; providing for the transfer of
9education records from a sending to a receiving state;
10requiring that children of military personnel be enrolled
11in classes at current grade level; providing for
12eligibility for graduation; providing for a state council
13to coordinate agencies and schools; providing for
14membership on the council; creating the Interstate
15Commission on Educational Opportunity for Military
16Children; providing for membership, organization,
17meetings, operations, powers, and duties; creating an
18executive committee; requiring the commission to adopt
19rules; providing for a legal challenge to the adopted
20rules; providing for oversight, enforcement, and dispute
21resolution; providing procedures to suspend or terminate
22member states; authorizing the commission to levy and
23collect an annual assessment from each member state;
24providing the method for the compact to become effective
25and binding on the member states; providing procedures for
26the withdrawal of a member state; providing severability;
27providing for the effect of the compact on member states'
28laws; creating s. 1000.37, F.S.; requiring the Secretary
29of State to furnish a copy of the enrolled act enacting
30the Interstate Compact on Educational Opportunity for
31Military Children to each of the states approving the
32compact; creating s. 1000.38, F.S.; authorizing the
33designation of a Compact Commissioner and a Military
34Family Education Liaison by the Governor; creating s.
351000.39, F.S.; creating the State Council on Interstate
36Educational Opportunity for Military Children; providing
37purpose and membership; prohibiting compensation;
38authorizing reimbursement for per diem and travel
39expenses; providing for public records and open meetings;
40requiring the Department of Education to provide
41administrative support; prescribing procedures if the
42council is abolished; providing for future legislative
43review and repeal of the act; providing an effective date.
45Be It Enacted by the Legislature of the State of Florida:
47     Section 1.  Section 1000.36, Florida Statutes, is created
48to read:
49     1000.36  Interstate Compact on Educational
50Opportunity for Military Children.--The Governor is authorized
51and directed to execute the Interstate Compact on Educational
52Opportunity for Military Children on behalf of this state with
53any other state or states legally joining therein in the form
54substantially as follows:
Interstate Compact on Educational
Opportunity for Military Children
58     PURPOSE.--It is the purpose of this compact to remove
59barriers to educational success imposed on children of military
60families because of frequent moves and deployment of their
61parents by:
62     A.  Facilitating the timely enrollment of children of
63military families and ensuring that they are not placed at a
64disadvantage due to difficulty in the transfer of education
65records from the previous school district or variations in
66entrance or age requirements.
67     B.  Facilitating the student placement process through
68which children of military families are not disadvantaged by
69variations in attendance requirements, scheduling, sequencing,
70grading, course content, or assessment.
71     C.  Facilitating the qualification and eligibility for
72enrollment, educational programs, and participation in
73extracurricular academic, athletic, and social activities.
74     D.  Facilitating the on-time graduation of children of
75military families.
76     E.  Providing for the adoption and enforcement of
77administrative rules implementing this compact.
78     F.  Providing for the uniform collection and sharing of
79information between and among member states, schools, and
80military families under this compact.
81     G.  Promoting coordination between this compact and other
82compacts affecting military children.
83     H.  Promoting flexibility and cooperation between the
84educational system, parents, and the student in order to achieve
85educational success for the student.
87     DEFINITIONS.--As used in this compact, unless the context
88clearly requires a different construction, the term:
89     A.  "Active duty" means the full-time duty status in the
90active uniformed service of the United States, including members
91of the National Guard and Reserve on active duty orders pursuant
92to 10 U.S.C. ss. 1209 and 1211.
93     B.  "Children of military families" means school-aged
94children, enrolled in kindergarten through 12th grade, in the
95household of an active-duty member.
96     C.  "Compact commissioner" means the voting representative
97of each compacting state appointed under Article VIII of this
99     D.  "Deployment" means the period 1 month before the
100service members' departure from their home station on military
101orders through 6 months after return to their home station.
102     E.  "Educational records" or "education records" means
103those official records, files, and data directly related to a
104student and maintained by the school or local education agency,
105including, but not limited to, records encompassing all the
106material kept in the student's cumulative folder such as general
107identifying data, records of attendance and of academic work
108completed, records of achievement and results of evaluative
109tests, health data, disciplinary status, test protocols, and
110individualized education programs.
111     F.  "Extracurricular activities" means a voluntary activity
112sponsored by the school or local education agency or an
113organization sanctioned by the local education agency.
114Extracurricular activities include, but are not limited to,
115preparation for and involvement in public performances,
116contests, athletic competitions, demonstrations, displays, and
117club activities.
118     G.  "Interstate Commission on Educational Opportunity for
119Military Children" means the commission that is created under
120Article IX of this compact, which is generally referred to as
121the Interstate Commission.
122     H.  "Local education agency" means a public authority
123legally constituted by the state as an administrative agency to
124provide control of, and direction for, kindergarten through 12th
125grade public educational institutions.
126     I.  "Member state" means a state that has enacted this
128     J.  "Military installation" means a base, camp, post,
129station, yard, center, homeport facility for any ship, or other
130activity under the jurisdiction of the Department of Defense,
131including any leased facility, which is located within any of
132the several states, the District of Columbia, the Commonwealth
133of Puerto Rico, the United States Virgin Islands, Guam, American
134Samoa, the Northern Marianas Islands, and any other United
135States Territory. The term does not include any facility used
136primarily for civil works, rivers and harbors projects, or flood
137control projects.
138     K.  "Nonmember state" means a state that has not enacted
139this compact.
140     L.  "Receiving state" means the state to which a child of a
141military family is sent, brought, or caused to be sent or
143     M.  "Rule" means a written statement by the Interstate
144Commission adopted under Article XII of this compact which is of
145general applicability, implements, interprets, or prescribes a
146policy or provision of the compact, or an organizational,
147procedural, or practice requirement of the Interstate
148Commission, and has the force and effect of statutory law in a
149member state, and includes the amendment, repeal, or suspension
150of an existing rule.
151     N.  "Sending state" means the state from which a child of a
152military family is sent, brought, or caused to be sent or
154     O.  "State" means a state of the United States, the
155District of Columbia, the Commonwealth of Puerto Rico, the
156United States Virgin Islands, Guam, American Samoa, the Northern
157Marianas Islands, and any other United States Territory.
158     P.  "Student" means the child of a military family for whom
159the local education agency receives public funding and who is
160formally enrolled in kindergarten through 12th grade.
161     Q.  "Transition" means:
162     1.  The formal and physical process of transferring from
163school to school; or
164     2.  The period of time in which a student moves from one
165school in the sending state to another school in the receiving
167     R.  "Uniformed services" means the Army, Navy, Air Force,
168Marine Corps, Coast Guard as well as the Commissioned Corps of
169the National Oceanic and Atmospheric Administration, and Public
170Health Services.
171     S.  "Veteran" means a person who served in the uniformed
172services and who was discharged or released therefrom under
173conditions other than dishonorable.
176     A.  Except as otherwise provided in Section C, this compact
177applies to the children of:
178     1.  Active duty members of the uniformed services,
179including members of the National Guard and Reserve on active-
180duty orders pursuant to 10 U.S.C. ss. 1209 and 1211;
181     2.  Members or veterans of the uniformed services who are
182severely injured and medically discharged or retired for a
183period of 1 year after medical discharge or retirement; and
184     3.  Members of the uniformed services who die on active
185duty or as a result of injuries sustained on active duty for a
186period of 1 year after death.
187     B.  This interstate compact applies to local education
189     C.  This compact does not apply to the children of:
190     1.  Inactive members of the national guard and military
192     2.  Members of the uniformed services now retired, except
193as provided in Section A;
194     3.  Veterans of the uniformed services, except as provided
195in Section A; and
196     4.  Other United States Department of Defense personnel and
197other federal agency civilian and contract employees not defined
198as active-duty members of the uniformed services.
201     A.  If a child's official education records cannot be
202released to the parents for the purpose of transfer, the
203custodian of the records in the sending state shall prepare and
204furnish to the parent a complete set of unofficial educational
205records containing uniform information as determined by the
206Interstate Commission. Upon receipt of the unofficial education
207records by a school in the receiving state, that school shall
208enroll and appropriately place the student based on the
209information provided in the unofficial records pending
210validation by the official records, as quickly as possible.
211     B.  Simultaneous with the enrollment and conditional
212placement of the student, the school in the receiving state
213shall request the student's official education record from the
214school in the sending state. Upon receipt of the request, the
215school in the sending state shall process and furnish the
216official education records to the school in the receiving state
217within 10 days or within such time as is reasonably determined
218under the rules adopted by the Interstate Commission.
219     C.  Compact states must give 30 days from the date of
220enrollment or within such time as is reasonably determined under
221the rules adopted by the Interstate Commission for students to
222obtain any immunization required by the receiving state. For a
223series of immunizations, initial vaccinations must be obtained
224within 30 days or within such time as is reasonably determined
225under the rules promulgated by the Interstate Commission.
226     D.  Students shall be allowed to continue their enrollment
227at grade level in the receiving state commensurate with their
228grade level, including kindergarten, from a local education
229agency in the sending state at the time of transition,
230regardless of age. A student who has satisfactorily completed
231the prerequisite grade level in the local education agency in
232the sending state is eligible for enrollment in the next highest
233grade level in the receiving state, regardless of age. A student
234transferring after the start of the school year in the receiving
235state shall enter the school in the receiving state on their
236validated level from an accredited school in the sending state.
239     A.  If a student transfers before or during the school
240year, the receiving state school shall initially honor placement
241of the student in educational courses based on the student's
242enrollment in the sending state school or educational
243assessments conducted at the school in the sending state if the
244courses are offered. Course placement includes, but is not
245limited to, Honors, International Baccalaureate, Advanced
246Placement, vocational, technical, and career pathways courses.
247Continuing the student's academic program from the previous
248school and promoting placement in academically and career
249challenging courses should be paramount when considering
250placement. A school in the receiving state is not precluded from
251performing subsequent evaluations to ensure appropriate
252placement and continued enrollment of the student in the
254     B.  The receiving state school must initially honor
255placement of the student in educational programs based on
256current educational assessments conducted at the school in the
257sending state or participation or placement in like programs in
258the sending state. Such programs include, but are not limited
260     1.  Gifted and talented programs; and
261     2.  English as a second language (ESL).
263A school in the receiving state is not precluded from performing
264subsequent evaluations to ensure appropriate placement and
265continued enrollment of the student in the courses.
266     C.  A receiving state must initially provide comparable
267services to a student with disabilities based on his or her
268current individualized education program (IEP) in compliance
269with the requirements of the Individuals with Disabilities
270Education Act (IDEA), 20 U.S.C. s. 1400, et seq. A receiving
271state must make reasonable accommodations and modifications to
272address the needs of incoming students with disabilities,
273subject to an existing section 504 or title II plan, to provide
274the student with equal access to education, in compliance with
275the provisions of Section 504 of the Rehabilitation Act, 29
276U.S.C.A. s. 794, and with title II of the Americans with
277Disabilities Act, 42 U.S.C. ss. 12131-12165. A school in the
278receiving state is not precluded from performing subsequent
279evaluations to ensure appropriate placement and continued
280enrollment of the student in the courses.
281     D.  Local education agency administrative officials may
282waive course or program prerequisites, or other preconditions
283for placement in courses or programs offered under the
284jurisdiction of the local education agency.
285     E.  A student whose parent or legal guardian is an active-
286duty member of the uniformed services and has been called to
287duty for, is on leave from, or immediately returned from
288deployment to, a combat zone or combat support posting shall be
289granted additional excused absences at the discretion of the
290local education agency superintendent to visit with his or her
291parent or legal guardian relative to such leave or deployment of
292the parent or guardian.
294     ELIGIBILITY.--
295     A.  When considering the eligibility of a child for
296enrolling in a school:
297     1.  A special power of attorney relative to the
298guardianship of a child of a military family and executed under
299applicable law is sufficient for the purposes of enrolling the
300child in school and for all other actions requiring parental
301participation and consent.
302     2.  A local education agency is prohibited from charging
303local tuition to a transitioning military child placed in the
304care of a noncustodial parent or other person standing in loco
305parentis who lives in a school's jurisdiction different from
306that of the custodial parent.
307     3.  A transitioning military child, placed in the care of a
308noncustodial parent or other person standing in loco parentis
309who lives in a school's jurisdiction different from that of the
310custodial parent, may continue to attend the school in which he
311or she was enrolled while residing with the custodial parent.
312     B.  State and local education agencies must facilitate the
313opportunity for transitioning military children's inclusion in
314extracurricular activities, regardless of application deadlines,
315to the extent they are otherwise qualified.
317     GRADUATION.--In order to facilitate the on-time graduation
318of children of military families, states and local education
319agencies shall incorporate the following procedures:
320     A.  Local education agency administrative officials shall
321waive specific courses required for graduation if similar course
322work has been satisfactorily completed in another local
323education agency or shall provide reasonable justification for
324denial. If a waiver is not granted to a student who would
325qualify to graduate from the sending school, the local education
326agency must provide an alternative means of acquiring required
327coursework so that graduation may occur on time.
328     B.  States shall accept exit or end-of-course exams
329required for graduation from the sending state; national norm-
330referenced achievement tests; or alternative testing, in lieu of
331testing requirements for graduation in the receiving state. If
332these alternatives cannot be accommodated by the receiving state
333for a student transferring in his or her senior year, then the
334provisions of Article VII, Section C shall apply.
335     C.  If a military student transfers at the beginning or
336during his or her senior year and is not eligible to graduate
337from the receiving local education agency after all alternatives
338have been considered, the sending and receiving local education
339agencies must ensure the receipt of a diploma from the sending
340local education agency, if the student meets the graduation
341requirements of the sending local education agency. If one of
342the states in question is not a member of this compact, the
343member state shall use its best efforts to facilitate the on-
344time graduation of the student in accordance with Sections A and
345B of this Article.
347     STATE COORDINATION.--Each member state shall, through the
348creation of a state council or use of an existing body or board,
349provide for the coordination among its agencies of government,
350local education agencies, and military installations concerning
351the state's participation in, and compliance with, this compact
352and Interstate Commission activities.
353     A.  Each member state may determine the membership of its
354own state council but the membership must include at least: the
355state superintendent of education, the superintendent of a
356school district that has a high concentration of military
357children, a representative from a military installation, one
358representative each from the legislative and executive branches
359of government, and other offices and stakeholder groups the
360state council deems appropriate. A member state that does not
361have a school district deemed to contain a high concentration of
362military children may appoint a superintendent from another
363school district to represent local education agencies on the
364state council.
365     B.  The state council of each member state shall appoint or
366designate a military family education liaison to assist military
367families and the state in facilitating the implementation of
368this compact.
369     C.  The compact commissioner responsible for the
370administration and management of the state's participation in
371the compact shall be appointed by the Governor or as otherwise
372determined by each member state.
373     D.  The compact commissioner and the military family
374education liaison shall be ex officio members of the state
375council, unless either is already a full voting member of the
376state council.
379MILITARY CHILDREN.--The member states hereby create the
380"Interstate Commission on Educational Opportunity for Military
381Children." The activities of the Interstate Commission are the
382formation of public policy and are a discretionary state
383function. The Interstate Commission shall:
384     A.  Be a body corporate and joint agency of the member
385states and shall have all the responsibilities, powers, and
386duties set forth herein, and such additional powers as may be
387conferred upon it by a subsequent concurrent action of the
388respective legislatures of the member states in accordance with
389the terms of this compact.
390     B.  Consist of one Interstate Commission voting
391representative from each member state who shall be that state's
392compact commissioner.
393     1.  Each member state represented at a meeting of the
394Interstate Commission is entitled to one vote.
395     2.  A majority of the total member states shall constitute
396a quorum for the transaction of business, unless a larger quorum
397is required by the bylaws of the Interstate Commission.
398     3.  A representative shall not delegate a vote to another
399member state. In the event the compact commissioner is unable to
400attend a meeting of the Interstate Commission, the Governor or
401state council may delegate voting authority to another person
402from their state for a specified meeting.
403     4.  The bylaws may provide for meetings of the Interstate
404Commission to be conducted by telecommunication or electronic
406     C.  Consist of ex officio, nonvoting representatives who
407are members of interested organizations. The ex officio members,
408as defined in the bylaws, may include, but not be limited to,
409members of the representative organizations of military family
410advocates, local education agency officials, parent and teacher
411groups, the United States Department of Defense, the Education
412Commission of the States, the Interstate Agreement on the
413Qualification of Educational Personnel, and other interstate
414compacts affecting the education of children of military
416     D.  Meet at least once each calendar year. The chairperson
417may call additional meetings and, upon the request of a simple
418majority of the member states, shall call additional meetings.
419     E.  Establish an executive committee, whose members shall
420include the officers of the Interstate Commission and such other
421members of the Interstate Commission as determined by the
422bylaws. Members of the executive committee shall serve a 1-year
423term. Members of the executive committee are entitled to one
424vote each. The executive committee shall have the power to act
425on behalf of the Interstate Commission, with the exception of
426rulemaking, during periods when the Interstate Commission is not
427in session. The executive committee shall oversee the day-to-day
428activities of the administration of the compact including
429enforcement and compliance with the compact, its bylaws and
430rules, and other such duties as deemed necessary. The United
431States Department of Defense shall serve as an ex officio,
432nonvoting member of the executive committee.
433     F.  Establish bylaws and rules that provide for conditions
434and procedures under which the Interstate Commission shall make
435its information and official records available to the public for
436inspection or copying. The Interstate Commission may exempt from
437disclosure information or official records to the extent they
438would adversely affect personal privacy rights or proprietary
440     G.  Give public notice of all meetings and all meetings
441shall be open to the public, except as set forth in the rules or
442as otherwise provided in the compact. The Interstate Commission
443and its committees may close a meeting, or portion thereof,
444where it determines by two-thirds vote that an open meeting
445would be likely to:
446     1.  Relate solely to the Interstate Commission's internal
447personnel practices and procedures;
448     2.  Disclose matters specifically exempted from disclosure
449by federal and state statute;
450     3.  Disclose trade secrets or commercial or financial
451information which is privileged or confidential;
452     4.  Involve accusing a person of a crime, or formally
453censuring a person;
454     5.  Disclose information of a personal nature where
455disclosure would constitute a clearly unwarranted invasion of
456personal privacy;
457     6.  Disclose investigative records compiled for law
458enforcement purposes; or
459     7.  Specifically relate to the Interstate Commission's
460participation in a civil action or other legal proceeding.
461     H.  For a meeting, or portion of a meeting, closed pursuant
462to this provision, the Interstate Commission's legal counsel or
463designee shall certify that the meeting may be closed and shall
464reference each relevant exemptible provision. The Interstate
465Commission shall keep minutes which shall fully and clearly
466describe all matters discussed in a meeting and shall provide a
467full and accurate summary of actions taken, and the reasons
468therefore, including a description of the views expressed and
469the record of a roll call vote. All documents considered in
470connection with an action shall be identified in such minutes.
471All minutes and documents of a closed meeting shall remain under
472seal, subject to release by a majority vote of the Interstate
474     I.  The Interstate Commission shall collect standardized
475data concerning the educational transition of the children of
476military families under this compact as directed through its
477rules which shall specify the data to be collected, the means of
478collection and data exchange, and reporting requirements. The
479methods of data collection, exchange, and reporting shall, in so
480far as is reasonably possible, conform to current technology and
481coordinate its information functions with the appropriate
482custodian of records as identified in the bylaws and rules.
483     J.  The Interstate Commission shall create a procedure that
484permits military officials, education officials, and parents to
485inform the Interstate Commission if and when there are alleged
486violations of the compact or its rules or when issues subject to
487the jurisdiction of the compact or its rules are not addressed
488by the state or local education agency. This section does not
489create a private right of action against the Interstate
490Commission or any member state.
493Interstate Commission has the power to:
494     A.  Provide for dispute resolution among member states.
495     B.  Adopt rules and take all necessary actions to effect
496the goals, purposes, and obligations as enumerated in this
497compact. The rules have the force and effect of statutory law
498and are binding in the compact states to the extent and in the
499manner provided in this compact.
500     C.  Issue, upon request of a member state, advisory
501opinions concerning the meaning or interpretation of the
502interstate compact, its bylaws, rules, and actions.
503     D.  Enforce compliance with the compact provisions, the
504rules adopted by the Interstate Commission, and the bylaws,
505using all necessary and proper means, including, but not limited
506to, the use of judicial process.
507     E.  Establish and maintain offices that shall be located
508within one or more of the member states.
509     F.  Purchase and maintain insurance and bonds.
510     G.  Borrow, accept, hire, or contract for services of
512     H.  Establish and appoint committees, including, but not
513limited to, an executive committee as required by Article IX,
514Section E, which shall have the power to act on behalf of the
515Interstate Commission in carrying out its powers and duties
517     I.  Elect or appoint such officers, attorneys, employees,
518agents, or consultants, and to fix their compensation, define
519their duties, and determine their qualifications; and to
520establish the Interstate Commission's personnel policies and
521programs relating to conflicts of interest, rates of
522compensation, and qualifications of personnel.
523     J.  Accept any and all donations and grants of money,
524equipment, supplies, materials, and services, and to receive,
525utilize, and dispose of it.
526     K.  Lease, purchase, accept contributions or donations of,
527or otherwise to own, hold, improve, or use any property, real,
528personal, or mixed.
529     L.  Sell, convey, mortgage, pledge, lease, exchange,
530abandon, or otherwise dispose of any property, real, personal,
531or mixed.
532     M.  Establish a budget and make expenditures.
533     N.  Adopt a seal and bylaws governing the management and
534operation of the Interstate Commission.
535     O.  Report annually to the legislatures, governors,
536judiciary, and state councils of the member states concerning
537the activities of the Interstate Commission during the preceding
538year. Such reports shall also include any recommendations that
539may have been adopted by the Interstate Commission.
540     P.  Coordinate education, training, and public awareness
541regarding the compact, its implementation, and operation for
542officials and parents involved in such activity.
543     Q.  Establish uniform standards for the reporting,
544collecting, and exchanging of data.
545     R.  Maintain corporate books and records in accordance with
546the bylaws.
547     S.  Perform such functions as may be necessary or
548appropriate to achieve the purposes of this compact.
549     T.  Provide for the uniform collection and sharing of
550information between and among member states, schools, and
551military families under this compact.
554     A.  The Interstate Commission shall, by a majority of the
555members present and voting, within 12 months after the first
556Interstate Commission meeting, adopt bylaws to govern its
557conduct as may be necessary or appropriate to carry out the
558purposes of the compact, including, but not limited to:
559     1.  Establishing the fiscal year of the Interstate
561     2.  Establishing an executive committee and such other
562committees as may be necessary;
563     3.  Providing for the establishment of committees and for
564governing any general or specific delegation of authority or
565function of the Interstate Commission;
566     4.  Providing reasonable procedures for calling and
567conducting meetings of the Interstate Commission and ensuring
568reasonable notice of each such meeting;
569     5.  Establishing the titles and responsibilities of the
570officers and staff of the Interstate Commission;
571     6.  Providing a mechanism for concluding the operations of
572the Interstate Commission and the return of surplus funds that
573may exist upon the termination of the compact after the payment
574and reserving of all of its debts and obligations.
575     7.  Providing "start up" rules for initial administration
576of the compact.
577     B.  The Interstate Commission shall, by a majority of the
578members, elect annually from among its members a chairperson, a
579vice chairperson, and a treasurer, each of whom shall have such
580authority and duties as may be specified in the bylaws. The
581chairperson or, in the chairperson's absence or disability, the
582vice chairperson shall preside at all meetings of the Interstate
583Commission. The officers so elected shall serve without
584compensation or remuneration from the Interstate Commission;
585provided that, subject to the availability of budgeted funds,
586the officers shall be reimbursed for ordinary and necessary
587costs and expenses incurred by them in the performance of their
588responsibilities as officers of the Interstate Commission.
589     C.  The executive committee has the authority and duties as
590may be set forth in the bylaws, including, but not limited to:
591     1.  Managing the affairs of the Interstate Commission in a
592manner consistent with the bylaws and purposes of the Interstate
594     2.  Overseeing an organizational structure within, and
595appropriate procedures for, the Interstate Commission to provide
596for the adoption of rules, operating procedures, and
597administrative and technical support functions; and
598     3.  Planning, implementing, and coordinating communications
599and activities with other state, federal, and local government
600organizations in order to advance the goals of the Interstate
602     D.  The executive committee may, subject to the approval of
603the Interstate Commission, appoint or retain an executive
604director for such period, upon such terms and conditions and for
605such compensation, as the Interstate Commission may deem
606appropriate. The executive director shall serve as secretary to
607the Interstate Commission, but is not a member of the Interstate
608Commission. The executive director shall hire and supervise such
609other persons as may be authorized by the Interstate Commission.
610     E.  The Interstate Commission's executive director and its
611employees are immune from suit and liability, either personally
612or in their official capacity, for a claim for damage to or loss
613of property or personal injury or other civil liability caused
614or arising out of, or relating to, an actual or alleged act,
615error, or omission that occurred, or that such person had a
616reasonable basis for believing occurred, within the scope of
617Interstate Commission employment, duties, or responsibilities,
618provided that the person is not protected from suit or liability
619for damage, loss, injury, or liability caused by the intentional
620or willful and wanton misconduct of the person.
621     1.  The liability of the Interstate Commission's executive
622director and employees or Interstate Commission representatives,
623acting within the scope of the person's employment or duties,
624for acts, errors, or omissions occurring within the person's
625state may not exceed the limits of liability set forth under the
626constitution and laws of that state for state officials,
627employees, and agents. The Interstate Commission is considered
628to be an instrumentality of the states for the purposes of any
629such action. This subsection does not protect the person from
630suit or liability for damage, loss, injury, or liability caused
631by the intentional or willful and wanton misconduct of the
633     2.  The Interstate Commission shall defend the executive
634director and its employees and, subject to the approval of the
635Attorney General or other appropriate legal counsel of the
636member state represented by an Interstate Commission
637representative, shall defend an Interstate Commission
638representative in any civil action seeking to impose liability
639arising out of an actual or alleged act, error, or omission that
640occurred within the scope of Interstate Commission employment,
641duties, or responsibilities, or that the defendant had a
642reasonable basis for believing occurred within the scope of
643Interstate Commission employment, duties, or responsibilities,
644provided that the actual or alleged act, error, or omission did
645not result from intentional or willful and wanton misconduct on
646the part of the person.
647     3.  To the extent not covered by the state involved, a
648member state, the Interstate Commission, and the representatives
649or employees of the Interstate Commission shall be held harmless
650in the amount of a settlement or judgment, including attorney's
651fees and costs, obtained against a person arising out of an
652actual or alleged act, error, or omission that occurred within
653the scope of Interstate Commission employment, duties, or
654responsibilities, or that the person had a reasonable basis for
655believing occurred within the scope of Interstate Commission
656employment, duties, or responsibilities, provided that the
657actual or alleged act, error, or omission did not result from
658intentional or willful and wanton misconduct on the part of the
662Interstate Commission shall adopt rules to effectively and
663efficiently implement this act to achieve the purposes of this
665     A.  If the Interstate Commission exercises its rulemaking
666authority in a manner that is beyond the scope of the purposes
667of this act, or the powers granted hereunder, the action
668undertaken by the Interstate Commission is invalid and has no
669force or effect.
670     B.  Rules must be adopted pursuant to a rulemaking process
671that substantially conforms to the "Model State Administrative
672Procedure Act," of 1981 Act, Uniform Laws Annotated, Vol. 15, p.
6731 (2000) as amended, as may be appropriate to the operations of
674the Interstate Commission.
675     C.  No later than 30 days after a rule is adopted, a person
676may file a petition for judicial review of the rule. The filing
677of the petition does not stay, or otherwise prevent the rule
678from becoming effective, unless a court finds that the
679petitioner has a substantial likelihood of success on the merits
680of the petition. The court shall give deference to the actions
681of the Interstate Commission consistent with applicable law and
682shall not find the rule to be unlawful if the rule represents a
683reasonable exercise of the Interstate Commission's authority.
684     D.  If a majority of the legislatures of the compacting
685states rejects a rule by enactment of a statute or resolution in
686the same manner used to adopt the compact, then the rule is
687invalid and has no further force and effect in any compacting
691     A.  The executive, legislative, and judicial branches of
692state government in each member state shall enforce this compact
693and shall take all actions necessary and appropriate to
694effectuate the compact's purposes and intent. The provisions of
695this compact and the rules adopted under it have the force and
696effect of statutory law.
697     B.  All courts shall take judicial notice of the compact
698and its adopted rules in any judicial or administrative
699proceeding in a member state pertaining to the subject matter of
700this compact which may affect the powers, responsibilities, or
701actions of the Interstate Commission.
702     C.  The Interstate Commission is entitled to receive all
703service of process in any such proceeding, and has standing to
704intervene in the proceeding for all purposes. Failure to provide
705service of process to the Interstate Commission renders a
706judgment or order void as to the Interstate Commission, this
707compact, or its adopted rules.
708     D.  If the Interstate Commission determines that a member
709state has defaulted in the performance of its obligations or
710responsibilities under this compact, or the bylaws or the
711adopted rules, the Interstate Commission shall:
712     1.  Provide written notice to the defaulting state and
713other member states of the nature of the default, the means of
714curing the default, and any action taken by the Interstate
715Commission. The Interstate Commission must specify the
716conditions by which the defaulting state must cure its default.
717     2.  Provide remedial training and specific technical
718assistance regarding the default.
719     3.  If the defaulting state fails to cure the default,
720terminate the defaulting state from the compact upon an
721affirmative vote of a majority of the member states and all
722rights, privileges, and benefits conferred by this compact shall
723be terminated from the effective date of termination. A cure of
724the default does not relieve the offending state of obligations
725or liabilities incurred during the period of the default.
726     E.  Suspension or termination of membership in the compact
727may not be imposed on a member until all other means of securing
728compliance have been exhausted. Notice of the intent to suspend
729or terminate membership must be given by the Interstate
730Commission to the Governor, the majority and minority leaders of
731the defaulting state's legislature, and each of the member
733     F.  A state that has been suspended or terminated is
734responsible for all assessments, obligations, and liabilities
735incurred through the effective date of suspension or termination
736including obligations, the performance of which extends beyond
737the effective date of suspension or termination.
738     G.  The remaining member states of the Interstate
739Commission do not bear any costs arising from a state that has
740been found to be in default or that has been suspended or
741terminated from the compact, unless otherwise mutually agreed
742upon in writing between the Interstate Commission and the
743defaulting state.
744     H.  A defaulting state may appeal the action of the
745Interstate Commission by petitioning the United States District
746Court for the District of Columbia or the federal district where
747the Interstate Commission has its principal offices. The
748prevailing party shall be awarded all costs of such litigation
749including reasonable attorney's fees.
750     I.  The Interstate Commission shall attempt, upon the
751request of a member state, to resolve disputes that are subject
752to the compact and that may arise among member states and
753between member and nonmember states. The Interstate Commission
754shall promulgate a rule providing for both mediation and binding
755dispute resolution for disputes as appropriate.
756     1.  The Interstate Commission, in the reasonable exercise
757of its discretion, shall enforce the provisions and rules of
758this compact.
759     2.  The Interstate Commission may, by majority vote of the
760members, initiate legal action in the United States District
761Court for the District of Columbia or, at the discretion of the
762Interstate Commission, in the federal district where the
763Interstate Commission has its principal offices to enforce
764compliance with the provisions of the compact, or its
765promulgated rules and bylaws, against a member state in default.
766The relief sought may include both injunctive relief and
767damages. In the event judicial enforcement is necessary, the
768prevailing party shall be awarded all costs of such litigation,
769including reasonable attorney's fees.
770     3.  The remedies herein are not the exclusive remedies of
771the Interstate Commission. The Interstate Commission may avail
772itself of any other remedies available under state law or the
773regulation of a profession.
776     A.  The Interstate Commission shall pay, or provide for the
777payment of, the reasonable expenses of its establishment,
778organization, and ongoing activities.
779     B.  The Interstate Commission may levy on and collect an
780annual assessment from each member state to cover the cost of
781the operations and activities of the Interstate Commission and
782its staff which must be in a total amount sufficient to cover
783the Interstate Commission's annual budget as approved each year.
784The aggregate annual assessment amount shall be allocated based
785upon a formula to be determined by the Interstate Commission,
786which shall adopt a rule binding upon all member states.
787     C.  The Interstate Commission may not incur any obligation
788of any kind before securing the funds adequate to meet the
789obligation and the Interstate Commission may not pledge the
790credit of any of the member states, except by and with the
791permission of the member state.
792     D.  The Interstate Commission shall keep accurate accounts
793of all receipts and disbursements. The receipts and
794disbursements of the Interstate Commission are subject to audit
795and accounting procedures established under its bylaws. However,
796all receipts and disbursements of funds handled by the
797Interstate Commission shall be audited yearly by a certified or
798licensed public accountant and the report of the audit shall be
799included in and become part of the annual report of the
800Interstate Commission.
803     A.  Any state is eligible to become a member state.
804     B.  The compact shall take effect and be binding upon
805legislative enactment of the compact into law by not less than
80610 of the states. The effective date shall be no earlier than
807December 1, 2007. Thereafter, it shall become effective and
808binding as to any other member state upon enactment of the
809compact into law by that state. The governors of nonmember
810states or their designees shall be invited to participate in the
811activities of the Interstate Commission on a nonvoting basis
812before adoption of the compact by all states.
813     C.  The Interstate Commission may propose amendments to the
814compact for enactment by the member states. An amendment does
815not become effective and binding upon the Interstate Commission
816and the member states until the amendment is enacted into law by
817unanimous consent of the member states.
820     A.  Once in effect, the compact continues in force and
821remains binding upon each and every member state, provided that
822a member state may withdraw from the compact, specifically
823repealing the statute that enacted the compact into law.
824     1.  Withdrawal from the compact occurs when a statute
825repealing its membership is enacted by the state, but does not
826take effect until 1 year after the effective date of the statute
827and until written notice of the withdrawal has been given by the
828withdrawing state to the Governor of each other member state.
829     2.  The withdrawing state must immediately notify the
830chairperson of the Interstate Commission in writing upon the
831introduction of legislation repealing this compact in the
832withdrawing state. The Interstate Commission shall notify the
833other member states of the withdrawing state's intent to
834withdraw within 60 days after its receipt thereof.
835     3.  A withdrawing state is responsible for all assessments,
836obligations, and liabilities incurred through the effective date
837of withdrawal, including obligations, the performance of which
838extend beyond the effective date of withdrawal.
839     4.  Reinstatement following withdrawal of a member state
840shall occur upon the withdrawing state reenacting the compact or
841upon such later date as determined by the Interstate Commission.
842     B.  This compact shall dissolve effective upon the date of
843the withdrawal or default of the member state which reduces the
844membership in the compact to one member state.
845     C.  Upon the dissolution of this compact, the compact
846becomes void and has no further force or effect, and the
847business and affairs of the Interstate Commission shall be
848concluded and surplus funds shall be distributed in accordance
849with the bylaws.
852     A.  The provisions of this compact shall be severable, and
853if any phrase, clause, sentence, or provision is deemed
854unenforceable, the remaining provisions of the compact shall be
856     B.  The provisions of this compact shall be liberally
857construed to effectuate its purposes.
858     C.  This compact does not prohibit the applicability of
859other interstate compacts to which the states are members.
862     A.  This compact does not prevent the enforcement of any
863other law of a member state that is not inconsistent with this
865     B.  All member states' laws conflicting with this compact
866are superseded to the extent of the conflict.
867     C.  All lawful actions of the Interstate Commission,
868including all rules and bylaws promulgated by the Interstate
869Commission, are binding upon the member states.
870     D.  All agreements between the Interstate Commission and
871the member states are binding in accordance with their terms.
872     E.  If any part of this compact exceeds the constitutional
873limits imposed on the Legislature of any member state, the
874provision shall be ineffective to the extent of the conflict
875with the constitutional provision in question in that member
877     Section 2.  Section 1000.37, Florida Statutes, is created
878to read:
879     1000.37  Copies to other states approving.--After the
880effective date of this act, the Secretary of State shall furnish
881to each of the states approving the Interstate Compact on
882Educational Opportunity for Military Children an enrolled copy
883of this act.
884     Section 3.  Section 1000.38, Florida Statutes, is created
885to read:
886     1000.38  Compact Commissioner and Military Family Education
887Liaison; Interstate Compact on Educational Opportunity for
888Military Children.--
889     (1)  In furtherance of Articles VIII and IX of the
890Interstate Compact on Educational Opportunity for Military
891Children, the Governor shall designate a:
892     (a)  Compact Commissioner, who shall be responsible for the
893administration and management of this state's participation in
894the compact and who shall serve as this state's voting
895representative on the Interstate Commission on Educational
896Opportunity for Military Children.
897     (b)  Military Family Education Liaison from the list of
898recommendations provided under s. 1000.39(2), who shall be
899responsible for assisting military families and the state in
900facilitating the implementation of this compact.
901     (2)  The Compact Commissioner and the Military Family
902Education Liaison shall serve at the pleasure of the Governor.
903     Section 4.  Section 1000.39, Florida Statutes, is created
904to read:
905     1000.39  State council; Interstate Compact on Educational
906Opportunity for Military Children.--
907     (1)  Pursuant to Article VIII of the Interstate Compact on
908Educational Opportunity for Military Children, the State Council
909on Interstate Educational Opportunity for Military Children is
911     (2)(a)  The purpose of the council is to provide advice and
912recommendations regarding this state's participation in and
913compliance with the compact and Interstate Commission on
914Educational Opportunity for Military Children activities.
915     (b)  No later than 3 months after its formation, and
916whenever requested by the Governor thereafter, the council shall
917provide the Governor with names of at least three, but no more
918than five, persons who are recommended by the council to serve
919as the Military Family Education Liaison.
920     (3)  The council shall consist of the following seven
922     (a)  The Commissioner of Education or his or her designee.
923     (b)  The superintendent, or his or her designee, for the
924school district with the highest percentage per capita of
925military children during the previous school year.
926     (c)  Two members appointed by the Commissioner of
927Education, one of whom shall represent a military installation
928located within this state and one of whom shall represent the
929executive branch and possess experience in assisting military
930families in obtaining educational services for their children.
931The term of each member appointed under this paragraph shall be
932for 4 years, except that, in order to provide for staggered
933terms, the Commissioner of Education shall initially appoint one
934member to a term of 2 years and one member to a term of 3 years.
935     (d)  One member appointed by, and who shall serve at the
936pleasure of, the President of the Senate and the Speaker of the
937House of Representatives.
938     (e)  The Compact Commissioner and the Military Family
939Education Liaison designated by the Governor under s. 1000.38,
940who shall serve as nonvoting, ex officio members of the council.
941     (4)  Council members shall serve without compensation but
942are entitled to reimbursement for per diem and travel expenses
943as provided in s. 112.061.
944     (5)  The provisions of s. 24, Art. I of the State
945Constitution and of chapter 119 and s. 286.011 apply to
946proceedings and records of the council. Minutes, including a
947record of all votes cast, must be maintained for all meetings.
948     (6)  The Department of Education shall provide
949administrative support to the council.
950     (7)  If the council is abolished, its records must be
951appropriately stored, within 30 days after the effective date of
952its abolition, by the department or its successor agency. Any
953property assigned to the council must be reclaimed by the
954department or its successor agency. The council may not perform
955any activities after the effective date of its abolition.
956     Section 5.  Sections 1000.36, 1000.37, 1000.38, and
9571000.39, Florida Statutes, shall stand repealed 2 years after
958the effective date of this act unless reviewed and saved from
959repeal through reenactment by the Legislature.
960     Section 6.  This act shall take effect July 1, 2008, or
961upon enactment of the compact into law by nine other states,
962whichever date occurs later.

CODING: Words stricken are deletions; words underlined are additions.